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Center for Biological Diversity v. Dept. of Conservation
Safe Water Drinking Act obligates state agency to protect nonexempt aquifers from potential oil and gas contamination, but does not compel agency 'to perform that legal duty in a particular manner.' 		Environmental Law 1DCA/5 Aug. 16, 2018
Alliance for the Wild Rockies v. United States Forest Service
In conceiving conservation project in line with prior, general management plan for national forest, Forest Service must 'consider relevant factors and articulate a rational connection between the facts found and the choice made.' 		Environmental Law 9th Aug. 14, 2018
Protect Niles v. City of Fremont
Where substantial evidence supports 'fair argument' proposed project in historical district may have a 'significant effect on the environment,' impact review rightly ordered under CEQA. 		Environmental Law 1DCA/5 Aug. 13, 2018
League of United Latin American Citizens v. Wheeler
EPA must follow Federal Food, Drug, and Cosmetic Act's standard that pesticides must meet health safety standard such that there is 'reasonable certainty that no harm will result' from aggregate exposure to pesticide. 		Environmental Law 9th Aug. 10, 2018
Restore Hetch Hetchy v. City and County of San Francisco
Savings clause does not prevent federal preemption to ensure continued used of Hetch Hetchy Valley as reservoir, where Congress' intent was clear as to that purpose. 		Environmental Law 5DCA Aug. 6, 2018
LandWatch San Luis Obispo Co. v. Cambria Comm. Serv. Dist.
Under certain circumstances, like where petitioner for writ of administrative mandate causes delay, agency may be awarded costs for preparing record, though petition had elected to do so. 		Environmental Law 2DCA/6 Jul. 30, 2018
CA Water Impact Network v. Co. of San Luis Obispo
Because groundwater well approval 'shall' be issued where applicant meets certain fixed standards, issuing is ministerial act that does not trigger CEQA review. 		Environmental Law California Courts of Appeal Jul. 30, 2018
Alliance for the Wild Rockies v. Savage
Where Forest Service fails to clearly show new road miles in project won't increase baseline miles within protected National Forest area home to threatened grizzly bear species, action is arbitrary and capricious. 		Environmental Law 9th Jul. 27, 2018
Modification: World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions. 		Environmental Law 2DCA/4 Jul. 11, 2018
Center for Biological Diversity v. Export-Import Bank of the U.S.
Judgment affirmed where plaintiff fails to establish redressability even under relaxed standards. 		Environmental Law 9th Jun. 29, 2018
Modification: Mateel Environmental v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.' 		Environmental Law 1DCA/2 Jun. 25, 2018
World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions. 		Environmental Law 2DCA/4 Jun. 15, 2018
County of Ventura v. City of Moorpark
Settlement agreement that constitutes action necessary to mitigate emergency is exempt from CEQA per statutory exemption. 		Environmental Law 2DCA/6 Jun. 13, 2018
Washington v. United States
The judgment of the 9th U.S. Circuit Court of Appeals was affirmed by an equally divided Court, with Justice Anthony Kennedy not taking part in consideration of the case. 		Environmental Law USSC Jun. 12, 2018
Mateel Environmental etc. v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.' 		Environmental Law 1DCA/2 Jun. 7, 2018
Alliance for Calif. Business v. State Air Resources Bd.
Plaintiffs who sought to invalidate a state regulation lacked subject matter jurisdiction, where state Air Resources Control Board regulation had been adopted by EPA and become federal law. 		Environmental Law 3DCA May 31, 2018
Jensen v. City of Santa Rosa
City not required to conduct an CEQA analysis where complaining parties unable to substantiate their noise impact claims. 		Environmental Law 1DCA/4 May 30, 2018
California Dept. of Toxic Substances Control v. Westside Delivery
Purchaser of tax-defaulted, contaminated facility is in 'contractual relationship' with prior owner for purposes of CERCLA's third-party affirmative defense. 		Environmental Law 9th Apr. 30, 2018
Monsanto Co. v. Office of Environmental Health Hazard Assessment
A state's reliance on a branch of the World Health Organization's expertise was not an unconstitutional delegation of authority, so pesticide manufacturer's argument was unable to prevent having its pesticide listed under California's Proposition 65. 		Environmental Law 5DCA Apr. 23, 2018
Rodeo Citizens Assn. v. County of Contra Costa
Refinery project proposal's description was accurate, since substantial evidence indicated that the project complied with the requirement under CEQA 		Environmental Law 1DCA/3 Apr. 16, 2018
Friends of the Santa Clara River v. U.S. Army Corps of Engineers
A court cannot interject itself within the area of discretion of a governmental agency as to the choice of action taken, since that determination belongs to the agency's expertise. 		Environmental Law 9th Apr. 10, 2018
National Wildlife Federation v. National Marine Fisheries Service
Injunctions affirmed in part where plaintiff effectively shows that it is 'likely to suffer irreparable harm' in absence of injunction. 		Environmental Law 9th Apr. 3, 2018
Amended Opinion: Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. 		Environmental Law 9th Apr. 2, 2018
Greenfield v. Mandalay Shores Community Assn.
'Development,' as used within California Coastal Act, is defined broadly, extends to homeowner's association's short-term rental ban, supports preliminary injunction. 		Environmental Law 2DCA/6 Mar. 29, 2018
Covina Residents for Responsible Development v. City of Covina
Denial of writ petition affirmed where California environmental quality act exempts ‘parking impacts from CEQA review for qualifying infill projects located within a half-mile of a major transit stop.’ 		Environmental Law 2DCA/7 Mar. 26, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. 		Environmental Law 9th Mar. 21, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. 		Environmental Law 9th Mar. 8, 2018
California Sea Urchin Commission v. Bean
U.S. Fish and Wildlife Service's cessation of sea otter relocation program in harmony with goals of the Endangered Species Act reasonable under 'Chevron' 		Environmental Law 9th Mar. 2, 2018
Aptos Residents Association v. County of Santa Cruz
Project involving 13 small, scattered microcell transmitters properly deemed as within categorical exemption to CEQA environmental review requirements. 		Environmental Law 6DCA Mar. 1, 2018
Native Ecosystems Council v. Marten
Dissolution of injunction affirmed where agency descriptions in its Environmental Impact Statement show that agency took hard look at project. 		Environmental Law 9th Feb. 23, 2018
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